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United States v. Hinton, 00-4098 (2000)

Court: Court of Appeals for the Fourth Circuit Number: 00-4098 Visitors: 13
Filed: Jul. 31, 2000
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 00-4098 DEMETRIA LAVERNE HINTON, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, District Judge. (CR-92-53-F) Submitted: July 14, 2000 Decided: July 31, 2000 Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges. _ Affirmed by unpublished per curiam opinion. _ COUNSEL Thomas P. McNamara, Federal
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                      No. 00-4098

DEMETRIA LAVERNE HINTON,
Defendant-Appellant.

Appeal from the United States District Court
for the Eastern District of North Carolina, at Raleigh.
James C. Fox, District Judge.
(CR-92-53-F)

Submitted: July 14, 2000

Decided: July 31, 2000

Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Thomas P. McNamara, Federal Public Defender, G. Alan DuBois,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. Janice McKenzie Cole, United States Attorney, Anne M.
Hayes, Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Demetria Laverne Hinton appeals the sixty-month prison sentence
the district court imposed after revoking her supervised release. Hin-
ton asserts that the sentence was plainly unreasonable because it
exceeded the twenty-four to thirty month sentence suggested under
U.S. Sentencing Guidelines Manual § 7B1.4(a), p.s. (1998). Hinton
also claims that the court failed to consider the factors in 18 U.S.C.A.
§ 3553(a) (West 1985 & Supp. 2000) before imposing sentence. We
affirm.

After a thorough review of the record--including the nature and
extent of Hinton's supervised release violations (including her new
criminal conduct), the probation officer's motion for revocation, and
the arguments presented before the district court--we reject Hinton's
arguments and conclude that the district court did not abuse its discre-
tion in sentencing her to a sixty-month term of imprisonment. See
United States v. Davis, 
53 F.3d 638
, 642 (4th Cir. 1995) (providing
standard of review). We also find that the district court properly con-
sidered the factors set forth in § 3553(a). See 
id. ("A court need
not
engage in ritualistic incantation in order to establish its consideration
of a legal issue. It is sufficient if . . . the district court rules on issues
that have been fully presented for determination. Consideration is
implicit in the court's ultimate ruling.").

Accordingly, we affirm Hinton's sentence. We dispense with oral
argument because the facts and legal contentions are adequately pre-
sented in the materials before the court and argument would not aid
the decisional process.

AFFIRMED

                      2

Source:  CourtListener

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